(Flagstaff, AZ) - The Coconino County Attorney David Rozema has decided not to seek the death penalty against Scott Curley, 23, accused of murder in the shooting death of Kane County, Utah Deputy Sheriff Brian Harris near Fredonia, Arizona.

The Arizona Daily Sun reported Tuesday that Coconino County Superior Court Judge Charles Adams hearing the case ordered Scott Curley, 23, to undergo a mental health evaluation. The purpose of the evaluation is to determine whether Curley is competent to stand trial because he has been deemed “delusional,” according to court documents.

Curley is accused of premeditated first-degree murder, aggravated assault on a police officer, aggravated assault on a citizen, burglary and theft stemming from events on August 26 in and near Fredonia. Curley is accused of shooting Deputy Sheriff Brian Harris, 41, with a high-powered rifle.

Rozema said that his office had 60 days from Curley’s September 20 arraignment to decide whether to pursue the death penalty.

"Although we have every intention of pursuing a conviction in this case for the first-degree murder of Sheriff's Deputy Brian Harris, given the defendant’s mental health history, we will not be seeking a death penalty."

Curley’s attorney filed a motion to have him evaluated under Arizona rules to determine whether he is competent to stand trial. Judge Adams subsequently ordered the evaluation on November 3.

Curley was arrested following a four-day manhunt in which more than 100 law enforcement officers searched the high-desert wilderness area around Fredonia. He was caught near Kanab, Utah in possession of a high-powered rifle.

Harris was shot by a high-powered rifle while chasing a suspect in a burglary call from Fredonia High School, where the suspect was alleged to have held a school janitor at gunpoint.

Coconino County Sheriff’s Office officials said that Harris had been ambushed by a suspect who hid behind a tree.